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S. V. PINTO
Merajuddin @ Mullaji Kamruddin Mohd. Chhedi Shaikh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The appellant has preferred the present appeal under section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 19.7.2018 rendered by learned Additional Sessions Judge, (Special), Ahmedabad (Rural), Mirzapur, Ahmedabad in Special POCSO Case No.80 of 2016 whereby the learned trial Court sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000/-, in default, to undergo further simple imprisonment for three months for the offence under section 376(2)(i) of the Indian Penal Code and also convicted and sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000/-, in default, to undergo further simple imprisonment for three months for the offence under section 4 of the Protection of Children from Sexual Offences Act, 2012. The appellant is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.
2. The short facts giving rise to the present appeal are that the complainant has alleged that the victim (daughter of the complainant) was aged around 6 years at the time of the incident. It i
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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